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B-189383 1 (1980-09-29)

handle is hein.gao/gaobacusf0001 and id is 1 raw text is: 4K- GAO United States General Accounting Office Office of Washington, DC 20548 General Counsel InReply B-189383 Refer to: September 29, 1980 Mr. Frank T. Peartree Chief Clerk United States Court of Claims Dear Mr. Peartree: Subject: /Major Joe L. Adams, et al. v. United States Ct. Cl. No. 275-77 In response to the Motion for Call allowed by the court on April 23, 1980, enclosed is a statement showing the amounts due Robert E. Serafin, plaintiff number 28 of the 29 plaintiffs in the subject case. The statement is based on figures supplied to us by the U.S. Army Finance and Accounting Center, Indianapolis, Indiana. In order to fully understand the basis of the enclosed statement, some brief background information is required. Following his wrongful discharge as an officer, the plain- tiff remained in the Army as an enlisted member. He became eligible to retire on May 31, 1978, but he did not retire until August 31, 1978. Upon retirement, he was reinstated to his former Reserve officer rank and his retired pay was calculated on this basis. The enclosure sets forth the active duty pay and allowances due the plaintiff as a warrant officer from his date of wrongful discharge, September 30, 1975, until he became eligible to retire on May 31, 1978. Since he was in an enlisted status during this period, there are no deductions for civilian earnings or Veterans Administration benefits. The only deductions are, therefore, the amounts he received upon his wrongful discharge and his subsequent earnings as an enlisted member. For the period he remained in the Army after com- pleting his 20 years of active duty for retirement, June 1, 1978, to August 31, 1978, the plaintiff has been deemed to have reverted back to his enlisted status and therefore,

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